Could a separate business arrange church will appointments, pay a lawyer hourly, and donate to churches?
Apply this to your situation
This page answers the general question as of 1993. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A separate business would offer will preparation through churches. Churches would announce and schedule private appointments with a lawyer, while the business paid the lawyer hourly and donated to the churches. The lawyer would not belong to the business.
The opinion found the overall arrangement contrary to one or more Rules of Professional Conduct. It said exact logistics could implicate Rules 1.7, 5.4, and 7.3 and described the independent business's role and relationship as creating multiple problems.
Currency note
This 1993 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.
Common questions
Q: Did hourly payment by the business solve the issues?
A: No. The proposed arrangement included hourly lawyer payment, and the opinion still found rule problems.
Q: Which rules did the opinion identify?
A: Rules 1.7, 5.4, and 7.3, depending on the arrangement's exact logistics.
Q: Did it decide precisely which rule each act violated?
A: No. It stated that one or more rules would be violated and that details affected the analysis.
Background and rules framework
The opinion assessed a separate business arranging church-based will work and cited conflicts, professional independence, and direct contact with prospects.
Citations and references
Rules of Professional Conduct:
- Missouri Rule 1.7
- Missouri Rule 5.4
- Missouri Rule 7.3
See also
- Missouri Informal Op. 930139: Church-announced will service
- Missouri Informal Op. 940036: Lay estate planning program
Source
- Landing page: https://mo-legal-ethics.org/informal-opinion/930112/
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION: A separate business would be established which would offer will preparation to members of churches. If the church wants to make the service available, it will announce it and schedule appointments. A certain day will be set aside for appointments at the church. Clients will meet privately with attorney and documents will be prepared and executed. Attorney will not be a part of the separate business but will be paid an hourly rate by the business for will preparation. The business would make donations to the churches. ANSWER: The arrangement would be contrary to one or more of the Rules of Professional Conduct. Depending on the exact logistics of the arrangement, it could violate Rule 1.7, Conflict of Interest: General Rule; Rule 5.4, Professional Independence of a Lawyer; and Rule 7.3, Direct Contact with Prospective Clients. The relationship and role of the independent business creates many problems.
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